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High Court for State of TelanganaCRLP/2479/2018disposed of no costs

G.Sahithi v. State Of Telangana

2018-03-13Shameem Akther2 pages

THE HON'BLE Dr . JUSTI CE SHAMEEM AKTHER Cr im in al Pet it ion No.2 4 7 9 of 2 0 1 8 ORDER:

This Criminal Petition, under Section 482 of the Code of Criminal Procedure, 1973, is filed by the petitioner/ A.4, seeking to quash the proceedings in Crime No.951 of 2017 on the file of the Medipally Police Station, Rachakonda Commissionerate, registered for the offences under Sections 498-A, 323, 506 of I.P.C. 2 .

Heard the learned counsel for the petitioner/ A.4, learned Assistant Public Prosecutor representing the 1st respondent-State and perused the record.

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The learned counsel for the petitioner/ A.4 would submit that charge sheet is not yet filed in this case and that the instant case is squarely covered by the decision of the Apex Court in Raj esh Sh ar m a an d Ot h er s Vs. St at e of U.P. an d An ot h er 1 4 .

In view of the orders of this Court, dated 31.07.2017, passed in Criminal Petition No.6493 of 2017 relying upon the latest TwoJudge Bench expression of the Apex Court, dated 27.07.2017, in Criminal Appeal No.1265 of 2017 (SLP (Crl.) No.2013 of 2017) in Raj esh Sh ar m a's case supra, and in view of the fact that the matter is at crime stage, the Investigating Officer of the instant crime is directed to refer the matter to the Committee constituted in terms of the above referred decision, for report, to consider any reconciliation and settlement; and, if it is not settled, then to proceed with investigation of the case. Since the matter is at 1 2017 (2) ALT (Crl.) 393 (SC)

crime stage, no personal attendance of the petitioner/ A.4 is required. Accordingly, till the report submitted by the Committee constituted in terms of the Raj esh Sh ar m a's case supra is placed before the Court concerned, the appearance of the petitioner/ A.4 before the Court below is dispensed with.

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The Criminal Petition is disposed of accordingly. Pending Miscellaneous Petitions, if any, shall stand closed. _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Dr . SHAMEEM AKTHER, J 13th March, 2018 Bvv